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PFR Notes 3 - Udm

Shirley, an employee of Cebu Pacific, purchased jeans from a mall but was later accused of not paying by the store manager. Shirley showed her receipt as proof of payment but the manager still implied she did not pay and sent letters damaging her reputation. Shirley has cause for a lawsuit against the store because the manager made claims without legal basis and violated her rights despite her evidence proving she paid.

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146 views10 pages

PFR Notes 3 - Udm

Shirley, an employee of Cebu Pacific, purchased jeans from a mall but was later accused of not paying by the store manager. Shirley showed her receipt as proof of payment but the manager still implied she did not pay and sent letters damaging her reputation. Shirley has cause for a lawsuit against the store because the manager made claims without legal basis and violated her rights despite her evidence proving she paid.

Uploaded by

Toni Ying
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PERSONS AND FAMILY RELATIONS

Tonijeen V Laurena
First Year Block 2 September 17,2020

Read the facts. Understand the question


before answering. Explain your answers
briefly and concisely in not more than three
sentences.
Shirley, a ticketing and reservation agent of
Cebu Pacific went to a mall in Cebu City
and purchased a pair of guess Jeans. A
receipt was issued after her payment.
Thereafter, she left the mall but she was
immediately followed by the manager of the
store. She was asked if she had paid for
her purchase. She invited the manager to
discuss the matter in her office at Cebu
Pacific. Therein, she showed her receipt.
But the Manager confronted her and
implied that she had not paid for her
purchase. She was asked how much
money she gave. She told them she paid
2,100 in denominations of 2 pieces of 1,000
pesos and 100 pesos. The manager told
her there was no cash in these
denominations when they made the cash
count. After this confrontation, the store
representatives wrote letters to Cebu
Pacific narrating the story. Another letter
was also sent to a Credit Card company
that led to the cancellation of Shirley’s credit
card.

Does Shirley have a cause of action against


the store?
Answer: Yes, Shirley is entitled for the
award of damage under Article 20 which
provides that every person who contrary to
law, wilfully or negligently cause damage to
another , shall indemnify the latter for the
same.
In this case, the store manager has no legal
basis on their claim. Shirley in spite of
showing her receipt which is the proof of
purchase, the the store representatives
maliciously wrote letters to Cebu Pacific
narrating the story and another letter was
also sent to a Credit Card company that led
to the cancellation of Shirley’s credit card
which maliciously intended to destroy the
reputation of Shirley, thus, she is entitled of
award of damage.
Will the case prosper?
Answer:
No, because the store representative has
no legal basis on his claim and that Shirley
has evidence to prove that she paid the
jeans she purchased by showing her
receipt. Thus, the store representative
violated Article 19 of the civil code, wherein
he acted in bad faith, inspite that Shirley
showed her receipt which is a substantial
evidence.

Christina is a Filipino citizen, but she


resides in New York, USA. While in New
York, she purchased several paintings
which she hung in the gallery of her
Apartment in New York. While visiting a
museum in New York, she met Johnny, a
Filipino citizen. They got married in haste
while taking a vacation in Paris, France.
After the celebration of the marriage,
Johnny learned he is sick so he prepared a
will disposing of his properties in New York
City, USA and the farm lot he inherited from
his mother in Zambales. Upon their return
to New York, Johnny and Christina had a
disagreement that ended with Christina
filing a divorce against Johnny which was
granted by the State of Nevada. To recover
from the heartbreak, Christina went to
Balesin Island in the Philippines. She met
Peter, an American citizen. They also had a
whirlwind romance and they got married at
Sanctuario De San Antonio in Makati City.
1. What law governs the marriage of
Christina and Johnny?
Answer: The Paris Law shall govern.
According to Article 17. The forms and
solemnities of the contracts….. shall be
governed by the law of the country in which
they are executed. Wherein in this case,
marriage is a form of contract, and that they
were married in the Paris, France.

2.How is marriage defined under that law?

3.Is the foreign judgment of Divorce


obtained by Christina against Johnny in the
State of Nevada a binding judgment in the
Philippines? If it was Peter who obtained a
divorce against Christina and assuming that
he was the first husband of Christina, will
your answer be the same?
No, according to Article 15 of the civil code,
Laws relating to family rights and duties, or
to the status…… are binding upon citizens
of the Philippines, even living abroad. In
this case, because Johhyn is a Filipino
citizen and divorce here in the Philippine
Law is not lega, therefore, in the eyes of the
law Christina and Johhy are still husband
and wife.
If Peter, an American citizen procure
divorce of their marriage then divorce may
be granted as the case maybe because in
American Law, divorce is accepted.

4. What law governs the intrinsic validity of


the will of Johnny disposing of his
properties in New York and his farm lot in
Zambales? What law governs its extrinsic
validity?
The intrinsic validity of the will of Johhny will
be governed by law of the place intended
by the parties to the contract as what the
Doctrine of Lex Loci Intentionis implied.
Wherein its extrinsic validity shall be
governed by Law where the property is
located as provided by Article 16 of the civil
code.

Part II
1. If instead of a will Johnny, is disposing
of his properties in New York and his farm
lot in Zambales by way of sale, what law
governs the extrinsic validity of the Deed of
Sale? What law governs the intrinsic
validity of the Deed of Sale?

2. What law governs the legal capacity of


Christina to marry? What are the essential
requisites of marriage under that law?

3. IF Peter, is an American resident of


California, decides to make a will in Quezon
City, to bequeath all his properties in
California, including his house and lot in
Texas, to Christina, what law shall govern
the extrinsic validity of his will? What law
shall govern the intrinsic validity of his will?

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